GANESH PASI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ASSAIL is to the judgment dated 16. 12. 2004 passed by Special Judge (N. D. P. S.), Rewa in Special Case No. 5/03, whereby the appellant Ganesh Pasi has been convicted under section 8-C/20 (ii) (c) of Narcotic Drugs and Psychotropic substance Act, 1985 (in short 'the N. D. P. S. Act') and sentenced to undergo for ten years Rigorous Imprisonment and fined Rs. 1,00,000/- in default two years Rigorous imprisonment.

(2.) THE case of the prosecution in short is that on 22. 11. 2003, D. S. P. Surya Kant Sharma (PW-5) went to kotwali, Rewa in connection with direction issued by his higher officer for district externment proceeding. He received information on telephone that the appellant Ganesh Pasi resident of Ghoghar Mohalla is involved in Ganja business. His house was situated behind government press. Panchnama was prepared. C. S. P. was informed accordingly. Panch witness Santosh Kevat (PW-2) and Ramkumar Raikwar (PW-3)were called alongwith police party. Surya Kant Sharma reached at the house of the appellant. The appellant was present in his house. He was informed about the information received by him. After completing legal formalities, house of the appellant was searched by Surya Kant Sharma. In rear room he found Ganja, which was kept in a sack. He also found rs. 560/- in blue polythene. Ghanshyam (PW-1) was called with measure and Ganja was weighed, total weight of Ganja including sack was 28. 500 kgs and that Ganja was mixed. From Ganja, 50 gms Ganja was taken and two samples weighing 25-25 gms were prepared and sealed. On spot, seized Ganja was physically examined. Seizure memo and requisite panchnamas were prepared. Seized Ganja, measure and currency were sealed and Dehatinalishi (Ex. P/16) was recorded. Police party came to Kotwali, Rewa. On the basis of dehatinalishi, FIR (Ex. P/19) was registered. Necessary entries were made in Roznamcha Sanha. Seized Ganja was sent to FSL, Sagar for chemical analysis. As per analyst report (Ex. P/13), seized article was found Ganja. Statement of witnesses were recorded under Section 161 Cr. P. C. After completion of investigation, the appellant was charge sheeted.

(3.) LEARNED trial Court framed charge under Section 8 (c) read with Section 20 (ii) (c) of the N. D. P. S. Act against the appellant. The appellant Ganesh Pasi abjured the guilt and pleaded innocence and false implication. His defence is that rs. 800/- were due on police employees namely Ashwini Singh and Ganga Singh, he demanded money from them but they abused him because of that he is falsely roped by the police.